99-32640. GPU Energy GPU Nuclear, Inc. Oyster Creek Nuclear Generating Station; Notice of Consideration of Approval of Transfer of Facility Operating License and Conforming Amendment, and Opportunity for a Hearing

[Federal Register Volume 64, Number 241 (Thursday, December 16, 1999)]
[Notices]
[Pages 70292-70293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32640]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-219]
Jersey Central Power & Light Co 
d/b/a


GPU Energy GPU Nuclear, Inc. Oyster Creek Nuclear Generating 
Station; Notice of Consideration of Approval of Transfer of Facility 
Operating License and Conforming Amendment, and Opportunity for a 
Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
transfer of Facility Operating License No. DRP-16 for the Oyster Creek 
Nuclear Generating Station (Oyster Creek), currently held by Jersey 
Central Power & Light Company (JCP&L) as owner of Oyster Creek and GPU 
Nuclear, Inc. (GPUN), as the licensed operator of Oyster Creek. The 
transfer of the license for Oyster Creek would be to AmerGen Energy 
Company, (LLC) (AmerGen). The Commission is also considering amending 
the license for administrative purposes to reflect the proposed 
transfer. Oyster Creek is located in Ocean County, New Jersey.
    Under the proposed transfer, AmerGen would be authorized to 
possess, use, and operate Oyster Creek under essentially the same 
conditions and authorizations included in the existing license. No 
physical changes would be made to the Oyster Creek facility as a result 
of the proposed transfer, and there would be no significant changes in 
the day-to-day operations of the unit. The proposed amendment to the 
license would delete references to ``Jersey Central Power & Light'' and 
``GPU Nuclear, Inc.'' (including variations of these names) and 
substitute ``AmerGen Energy Company, LLC'' (or its new position of 
``licensee'' or ``applicant'') as appropriate to reflect the transfer, 
and make other changes to reflect the approval of the transfer.
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, directly or indirectly, through transfer of 
control of the license, unless the Commission shall give its consent in 
writing. The Commission will approve an application for the transfer of 
a license, if the Commission determines that the proposed transferee is 
qualified to hold the license, and that the transfer is otherwise 
consistent with applicable provisions of law, regulations, and orders 
issued by the Commission pursuant thereto.

[[Page 70293]]

    Before issuance of the proposed conforming license amendment, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended (the Act) and the Commission's regulations.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration. No contrary 
determination has been made with respect to this specific license 
amendment application. In light of the generic determination reflected 
in 10 CFR 2.1315, no public comments with respect to significant 
hazards considerations are being solicited, notwithstanding the general 
comment procedures contained in 10 CFR 50.91.
    The filing of requests for hearing and petitions for leave to 
intervene, and written comments with regard to the application for the 
license transfer, are discussed below.
    By January 5, 2000, any person whose interest may be affected by 
the Commission's action on the application may request a hearing, and, 
if not the applicants, may petition for leave to intervene in a hearing 
proceeding on the Commission's action. Requests for a hearing and 
petitions for leave to intervene should be filed in accordance with the 
Commission's rules of practice set forth in Subpart M, ``Public 
Notification, Availability of Documents and Records, Hearing Requests 
and Procedures for Hearings on License Transfer Applications,'' of 10 
CFR part 2. In particular, such requests and petitions must comply with 
the requirements set forth in 10 CFR 2.1306, and should address the 
considerations contained in 10 CFR 2.1308(a). Untimely requests and 
petitions may be denied, as provided in 10 CFR 2.1308(b), unless good 
cause for failure to file on time is established. In addition, an 
untimely request or petition should address the factors that the 
Commission will also consider, in reviewing untimely requests or 
petitions, set forth in 10 CFR 2.1308(b)(1)-(2).
    Requests for a hearing and petitions for leave to intervene should 
be served upon: (1) David R. Lewis, Esq., counsel for GPUN, at Shaw 
Pittman Potts & Trowbridge, 2300 N Street, NW, Washington, DC 20037-
1128 (tel: [phone]; fax: [phone]; e-mail: ``), (2) Kevin P. Gallen, Esq., counsel for 
AmerGen, at Morgan, Lewis & Bockius LLP, 1800 M Street, NW, Washington, 
DC 20036-5869 (tel: [phone]; fax: [phone]; e-mail: 
[e-mail]), (3) The General Counsel, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555 (e-mail address for license transfer 
cases only: [e-mail]) and (4) The Secretary of the Commission, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
Attention: Rulemakings and Adjudications Staff, in accordance with 10 
CFR 2.1313.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    As an alternative to requests for hearing and petitions to 
intervene, by January 18, 2000, persons may submit written comments 
regarding the application for the license transfer, as provided for in 
10 CFR 2.1305. The Commission will consider and, if appropriate, 
respond to these comments, but such comments will not otherwise 
constitute part of the decisional record. Comments should be submitted 
to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-001, Attention: Rulemakings and Adjudications Staff, and should 
cite the publication date and page number of this Federal Register 
notice.
    For further details with respect to this action, see the 
application dated November 5, 1999, available for public inspection at 
the Commission's Public Document Room, the Gelman Building, 2120 L 
Street, NW., Washington, DC, and accessible electronically through 
ADAMS Public Electronic Reading Room link at the NRC Web site (http://
www.nrc.gov).

    Dated at Rockville, Maryland, this 10th day of December 1999.

    For the Nuclear Regulatory Commission.
Elinor G. Adensam,
Director, Project Directorate I, Division of Licensing Project 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-32640 Filed 12-15-99; 8:45 am]
BILLING CODE 7590-01-P